Anne McEwen (SA, Australian Labor Party) Share this | Hansard source

I present the eighth report for 2012 of the Selection of Bills Committee.

Ordered that the report be adopted.

I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 8 OF 2012

The committee met in private session on Wednesday, 27 June 2012 at 7.39 pm.

The committee resolved to recommend—That—

the provisions of the Customs Amendment (Smuggled Tobacco) Bill 2012 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2012 (see appendix 1 for a statement of reasons for referral);

the provisions of the Military Court of Australia Bill 2012 and the provisions of the Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee and the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2012 (see appendices 2 and 3 for statements of reasons for referral); and

The committee considered a proposal to refer the Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012 to the Economics Legislation Committee, but was unable to reach agreement on whether the bills should be referred(see appendix 4 for a statement of reasons for referral).

The committee resolved to recommend—That the following bills not be referred to committees:

The committee consideredthe Financial Framework Legislation Amendment Bill (No. 3) 2012 and, noting that the bill had passed the Senate on 27 June 2012, resolved to recommend that the bill not be referred to a committee.

The committee recommends accordingly.

The committee deferred consideration of the following bills to its next meeting:

Fisheries Legislation Amendment Bill (No. 1) 2012

Protecting Children from Junk Food Advertising (Broadcasting and Telecommunications Amendment) Bill 2011

Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012.

(Anne McEwen)

Chair

28 June 2012

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Customs Amendment (Smuggled Tobacco) Bill 2012

Reasons for referral/principal issues for consideration:

To ensure the new proposed criminal offences are given proper examination

Possible submissions or evidence from:

Australian Customs and Border Protection Command Attorney-General's Department

Australian Federal Police

Tobacco companies

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Committee

Possible hearing date(s):

July 2012

Possible reporting date:

14 August 2012

(signed)

Senator Fifield

Whip/Selection of Bills Committee member

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Military Court of Australia Bill 2012

Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012

Reasons for referral/principal issues for consideration:

The Senate Foreign Affairs, Defence and Trade Committee has extensive knowledge, background and history on the military justice debate; former Defence Minister Hill tasked the Committee with regular six-monthly reviews on the implementation of the Government's response to the Committee's 2005 review into the Military Justice system. Given that experience, and the fact that the new model is so different from that it replaces, it would be prudent to have the Bills considered by that Committee.

The Bills were introduced into the House by the Attorney General and legislate for the creation of a new court. In this respect they fall within the purview of the Senate

Legal and Constitutional Affairs Committee, which may be able to consider those aspects of the Bill more thoroughly.

Possible submissions or evidence from:

Department of Defence

Committees to which bill is to be referred:

Senate Foreign Affairs, Defence and Trade Legislation Committee Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

14 August 2012

(signed)

Senator McEwen

Whip/Selection of Bills Committee member

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Military Court of Australia Bill 2012; and

Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012

Reasons for referral/principal issues for consideration:

Compatibility with Chapter III of the Constitution;

Appropriate composition of courts;

Trial by jury provisions;

Eligibility of reserve force judges to sit as members of the Court.

Possible submissions or evidence from:

Representatives of the Australian Defence Forces Returned and Services League of Australia Department of Defence

Attorney-General's Department

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

To be determined by committee

Possible reporting date:

To be determined by committee

(signed)

Senator Fifield

Whip/Selection of Bills Committee member

Appendix 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Tax Laws Amendment (Managed Investment Trust Withholding Tax) 2012

Reasons for referral/principal issues for consideration:

Doubling of Tax

Impact on investment in Australia

Sovereign risk issues

Impact on long-term infrastructure investment and other investment

Possible submissions or evidence from:

Treasury and ATO

Property Council of Australia

Financial Services Council

Private Fund Managers

Infrastructure Partnerships Australia CFMEU and ETU

Tax Institute

Professional Accounting Bodies

National Tourism Alliance

Tourism Accommodation Association

Committee to which bill is to be referred: Economics

Possible hearing date(s):

July 2012

Possible reporting date:

14 August 2012

(signed)

Senator Fifield

Whip/Selection of Bills Committee member